TYPES OF VISAS
Nonimmigrant visa categories are designated by letters of the alphabet, from A to T. Each type of nonimmigrant status has specific requirements and restrictions, some of which are summarized below. The categories described are those most commonly associated with employment activity in the United States.
B-1 VISITOR FOR BUSINESS
Permits a foreign national to enter the U.S. to conduct business associated with international trade or commerce. This status does not authorize employment in the United States.
E-1 TREATY TRADER/E-2 TREATY INVESTOR
The E Visa category is available to citizens of countries which have a treaty of trade and commerce with the U.S. The E-1 Trader must conduct 'substantial' trade between the treaty country and the United States; the E-2 Investor must make a 'substantial' investment in the United States. Key employees who are nationals of the treaty country may be eligible for E status. There is no maximum period of stay in this category.
F-1 FOREIGN STUDENT
Students are admitted to pursue academic studies in F-1 status. F-1 students may obtain practical training employment authorization for a period of one year immediately after completing a degree. The employment is not limited to a specific employer, but the employment must be in appropriate field of study.
H-1B1 TEMPORARY WORKERS
Available to foreign nationals with a minimum of a Baccalaureate Degree or its equivalent, working in a specialty occupation which requires said degree as the minimum for entry into the position. The employment is "employer specific" and the petitioning employer must file attestations with the U.S. Department of Labor, including an attestation that the salary offered is at least the prevailing wage for the position. Foreign nationals are allowed to remain in the United States for a period of six years in H-1B1 classification.
H-3 TRAINEES
Available to foreign nationals who will be trained by U.S. employer, so long as the training is not designed to provide productive employment. Total stay available is two years.
L-1A/L-1B INTRACOMPANY TRANSFEREES
Available to employees of international companies who have worked abroad for a related company for at least one year in the three years immediately preceding the filling of the application. L-1A classification is available to managers or executives for up to seven years stay in the United States; L-1B classification is available to employees with specialized knowledge who may remain in the United States for a total of five years.
O-1 ALIENS OF EXTRAORDINARY ABILITY, P-1 PERFORMING ARTISTS AND ATHLETES, O-1 CULTURAL EXCHANGE VISITORS
This classification is utilized by foreign nationals of extraordinary ability, established artists or athletes, and persons participating in cultural exchange programs to come to the United States to perform services in their areas of expertise.
TN NAFTA
Available to qualified workers from Canada and Mexico entering the United States to work in fields designated in the NAFTA Treaty. The TN worker must have the intent to remain only temporarily in the United States and is admitted for a period of one year.
EMPLOYMENT-BASED IMMIGRATION: PERMANENT RESIDENCE
Employment-based immigration allows foreign nationals who have skills and talents needed in the United States to obtain lawful permanent residence ("green card"). The employment based immigrant classifications are divided into five categories:
- Priority Workers (First Preference). This category includes individuals with 'extraordinary ability', 'outstanding professors and researchers' and 'certain multinational executives and managers.' A foreign national who qualifies for the O-1 nonimmigrant visa will usually be "extraordinary" for permanent residence. A foreign national who qualifies for L-1A nonimmigrant classification will generally qualify for the multinational executive and managers category. A labor certification is not required.
- Professionals holding advanced degrees or exceptional ability (Second Preference). Foreign nationals who are 'members of the professions holding advanced degrees or aliens of exceptional ability.' A labor certification may be waived in this category, if it is determined that the foreign national has come to the United States to do wok "in the national interest."
- Professionals, skilled and unskilled workers (Third Preference). Foreign nationals who are professional holding Bachelor's Degrees, skilled workers performing labor requiring at least two years training or experience and unskilled workers. Only 10,000 visas per year are available for the unskilled workers. A labor certification is required for all third preference immigrants.
- Special Immigrants (Fourth Preference). Foreign nationals who are ministers, religious workers and certain other special immigrants. No labor certification is required.
- Employment Creation (Fifth Preference). Foreign nationals who invest $1,000,000.00 ($500,000.00 in some locations) in a job-creating enterprise in the United States. No labor certification is required.
LABOR CERTIFICATION
A "labor certification" is a determination by the U.S. Department of Labor that there are no available and qualified U.S. workers for the position being offered and that the employment of the foreign national will not adversely affect the wages and working conditions of U.S. workers. The process is somewhat lengthy and the employer must conduct a supervised recruitment with a state employment service in order to test the labor market. Generally, the foreign national is in a valid nonimmigrant status during this process, unless he/she is abroad. The labor certification is a prerequisite to the Second and Third Preference employment categories, unless in the Second Preference, the work is "in the national interest."
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